What You Need To Know About Charges In Colorado

If police spot you taking risks behind the wheel, you could face careless driving charges. While the idea of getting a fine for bad driving may sound minor, the consequences in Colorado are serious. This article explains what drivers need to know about careless driving charges, including:

• What careless driving is, and how it differs from reckless driving.
• Circumstances that can aggravate careless driving charges.
• The consequences and results of a careless driving conviction and how to avoid them.

What Is Careless Driving Under Colorado Law?

Careless driving is a traffic offense for anyone “operating a motor vehicle without due regard for the road and surroundings.” Although similar to the more serious reckless driving charge, the standards for careless driving are less strict, making it easier to be charged and convicted.

How Will Police Officers Decide Between A Careless Driving And A Reckless Driving Charge?

Many factors distinguish reckless driving from careless driving, but the line between them can be narrow and subjective. The distinction often depends on factors such as the speed at which you were driving before an accident, among others. The reality is that Colorado law allows for considerable discretion, giving officers room for subjective decision-making.

Because of this, even your interaction with the police can influence the charge. If you are combative, argumentative, or defensive, the officer might be more inclined to charge you with reckless driving. Ultimately, the decision is made on a case-by-case basis, considering the allegations, risk to others, potential damage, and even the time of day.

The sheer number of factors that go into whether a person is charged with reckless driving or careless driving leaves a lot to the discretion of both officers and prosecutors alike. Fortunately, it also gives your attorney the opportunity to argue for a lesser charge.

If You Injure Somebody With Careless Driving, Is That A Felony As Well?

Causing an injury does not automatically elevate a careless driving charge to a felony. However, leaving the scene of the crime, known as a hit-and-run or failure to report an accident, will result in felony charges – especially if serious bodily injury occurred. Hit-and-run accidents are taken very seriously in Colorado due to the severity of many traffic accidents. As a result, it’s imperative to work with an attorney who can help you avoid the negative impacts of a conviction.

How Can A Careless Driving Charge Interact With Other Traffic Violations?

When looking at how to resolve a careless driving charge, your attorney could argue that your behavior was actually a combination of lesser violations (such as a lane violation, weaving, and speeding), which may be less harmful than a careless driving charge.

However, it’s also important to note that you can be charged with careless driving in addition to a host of other simple traffic offenses. In fact, these lesser violations can all contribute to the eventual finding of a careless driving charge. As a result, the prosecution may use this as a bargaining chip, pointing out that multiple charges could lead to the suspension of your license due to point accruals for multiple violations.

Attorneys Jim & Christina Zorrilla are diligent Denver defense lawyers who have helped all kinds of drivers through the criminal charges against them after accidents or arrests, including careless and reckless driving. Fueled by years’ worth of experience as public defenders and defense attorneys, Jim & Christina Zorrilla’s advice and representation could be what makes the difference for you between a conviction and walking free.

If you are facing a careless driving charge on its own or as part of a larger case, you should contact The Zorrilla Law Firm today to schedule an initial defense consultation.

What Are The Penalties Or Consequences For Careless Driving In Colorado?

Simple careless driving is a class two misdemeanor traffic offense, punishable by a fine and/or 10 to 90 days in jail, and carrying four points against your driving privileges.

However, most careless driving cases come about because of car accidents, not because an officer just saw someone driving and weaving around a road. So, if your careless driving causes bodily injury to another person, it escalates to a class one misdemeanor traffic offense, with penalties including 10 days to a year in jail, fines, and points against your license.

How Will Injuries Complicate A Careless Driving Accident Case?

Any driving charge that involves an accident and injury is automatically more serious and critical than those without. This is especially true if you hit or endangered anyone who is a vulnerable road user, such as bicyclists and pedestrians.

If your careless driving resulted in an injury to such a vulnerable road user, that incident carries 12 points against your license. In addition, a judge can impose many hours of community service and a year-long suspension of your driving privileges.

Why Is It So Important To Have An Attorney When Facing Careless Driving Charges In Colorado?

Having an attorney who knows the defenses and strategies to avoid having your license suspended is vitally important. In working with clients, we look beyond the direct legal penalties and consider how resolving the case will impact their insurance and the potential for a civil suit for injuries, damages, and other related issues.

We often collaborate with insurance companies and adjusters to help clients navigate this process. Additionally, we can address injuries or medical bills through restitution. Our goal is to fully advise clients, ensuring they are insulated and informed about everything they need to know to protect themselves against future civil lawsuits for pain, suffering, or loss of wages.

For more information on Careless Driving Charges In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.